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Inclusion of Open Market Items: Required Administrative Procedures

GSA FSS open market items limited source justification competition small business SAT sole source incidental items

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#1 pwg5016

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Posted 30 March 2012 - 09:03 AM

TOPIC: Purchase Order under GSA FSS Contract: Open Market Items

BACKGROUND: The primary item (camera) which has a cost of roughly $94,000 is exclusive to a particular manufacturer, and this is justified using a limited source justification. However, there are several items for this requirement not on the GSA FSS of the company which offers the camera. The total cost of these incidental items (lenses) is roughly $14,900.00. Initially it was thought that all the required items were on the GSA Schedule, which would have allowed for a sole GSA Contract Buy. However, after conducting additional research, it was determined that the required lenses for this camera (CANON) are not on the GSA Schedule, however the company is working on getting the lenses on the schedule at some point in the future. I am aware of FAR 8.402(f). As a fairly new contract specialist, I am still somewhat confused as to what additional administrative procedures are required for the addition of these open market items under the current GSA Contract. As I mentioned previously, the projected amount indicated through a previous quotation is $14,900.00 for the lenses. I am planning to provide additional justification which warrants the inclusion of these lenses, as incidental items critical to achieving the SOW in the required timeframe without additional costs. I need to know of any additional contracting procedures and references that should be relied upon for this specific procurement situation? Being that these open market items are quite low in value, I'm unsure of what additional contracting requirements apply in order to effectively place them under the GSA Contract with the exclusive camera. Any information you can provide in regard to this issue is greatly appreciated and will be researched further.

NOTE: The open market items will be clearly marked on the contract and quotation as open market items.

All responses welcomed in regard to this topic.

Thanks,

-Pete-

#2 Vern Edwards

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Posted 30 March 2012 - 11:02 AM

If you want to buy an item that is not on GSA schedule (an "open market" item) and include it in a GSA schedule order for items that are on schedule, you must conduct an acquisition for the open markret item as you would any other sole source or competitive acquisition and pursuant to the standard rules.

If the open market buy is sole source, and the GSA contractor is the sole source firm, then you include the sole source documentation in the GSA order file and include the item in the order. If the open market buy is competitive, and if the GSA schedule holder submits a proposal wins the competition, then you add the open market item to the GSA order and include the competitive acquisition documentation in the GSA order file.

In other words, there are no shortcuts or special rules just because you want to include an open market item in a GSA order.

#3 pwg5016

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Posted 30 March 2012 - 02:35 PM

Thank you Vern for the prompt response. I certainly understand that there are no shortcuts or special rules because of wanting to include open market items. This situation is somewhat odd, being that the high tech camera is on the GSA Schedule of the contractor, but the lenses required for the camera in accordance with the SOW are not on the GSA Schedule. At first, the proposed source listed all of the items in the requirement acdording to the source's part number, which initially gave the impression that all of the required items were under the GSA Contract. After a quick search through the vendor's schedule, it was easy to see that the required lenses were not availble. Therefore, the next step was to look at the FAR and find the applicable guidance. My only issue, was that the FAR Section 8.402(f) doesn't provide additional details for different GSA Schedule situations, and the proper action to take according to dollar value, and relation of items to the primary GSA Purchase (in this case the camera). As long as I abide by the FAR Guidance and provide sole source documentation for the additional lenses, along with posting a synopsis and solicitation, as applicable in FAR 5.201, I should be able to move forward with the open market lenses under the GSA Contract with the camera?

The open market lenses are under $15,000.00 in value.

Thank you in advance for additional clarification on these procedures.





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